Morgan v. Duquesne Borough

Citations

• 29 Pa. Super. 100
• 1905 Pa. Super. LEXIS 271

Syllabus

<p>Negligence — Boroughs—Waters—Leakage from water main — Notice.</p> <p>In an action against a borough to recover damages for injuries to real estate alleged to have been caused from the leaking of a water main, the plaintiff cannot recover merely by showing that the borough had constructed and maintained its own water works and pipes, and that the injury was caused by a leakage from one of the borough pipes. He must go further and show that the alleged injuries resulted from either a faulty or negligent construction of the defendant’s water pipe, or-, the same being properly constructed, that it had become out of repair and was and had been leaking so that the borough was negligent in not repairing the pipe after notice, actual or constructive, of its condition, or that’ the borough was guilty in failing to exercise such proper care, caution and diligence as was reasonable and prudent under the circumstances.</p> <p>Appeals — Assignments of error — Nonsuit.</p> <p>The refusal of a compulsory nonsuit is not reversible error.</p>